COURT OF APPEALS OF VIRGINIA Present: Chief Judge Decker, Judges Humphreys, Petty, Beales, Huff, O’Brien, Russell, AtLee, Malveaux and Athey PUBLISHED Argued by teleconference QUARTREZ LOGAN, S/K/A QUARTREZ RASHAD LOGAN OPINION BY v. Record No. 1735-18-1 JUDGE ROBERT J. HUMPHREYS JULY 21, 2020 COMMONWEALTH OF VIRGINIA UPON A REHEARING EN BANC FROM THE CIRCUIT COURT OF THE CITY OF NORFOLK David W. Lannetti, Judge J. Barry McCracken, Assistant Public Defender, for appellant. Craig W. Stallard, Assistant Attorney General (Mark R. Herring, Attorney General, on brief), for appellee. Following a bench trial, appellant Quartrez Rashad Logan (“Logan”) was convicted of attempting to purchase a firearm while subject to a protective order, in violation of Code § 18.2-27, by the Circuit Court of the City of Norfolk (“circuit court”). On appeal, a divided panel of this Court affirmed the conviction. Logan v. Commonwealth, 71 Va. App. 568 (2020). We subsequently granted Logan’s petition for rehearing en banc, stayed the mandate of the panel decision, and reinstated the appeal on the docket of this Court. The sole issue on appeal in this case is whether a return of service on a protective order is subject to the application of the Confrontation Clause of the Sixth Amendment to the Constitution of the United States. I. BACKGROUND In the light most favorable to the Commonwealth as the party that prevailed below, the evidence pertinent to this issue was as follows: On July 24, 2017, the General District Court for the City of Hampton granted Shelia Chawlk’s (“Chawlk”) request to extend a preliminary protective order against Logan to January 24, 2018. Logan did not appear before the Hampton GDC for the extension hearing, and the protective order was extended. The next day, July 25, 2017, a sheriff’s deputy filed a return of service on the protective order indicating that he had personally served both Logan and Chawlk with a copy of the preliminary protective order extension and subpoenas for their appearance at a full hearing scheduled for January 24, 2018. The reverse side of the order contained a “Returns” section, indicating that Logan was personally served on July 25, 2017 at 8:20 a.m. with the serving deputy’s name and signature. On July 31, 2017, Logan attempted to purchase two firearms from Superior Pawn & Gun in Norfolk. The store clerk asked Logan to fill out two forms, an “SP65” and “ATF 4473,” required by state and federal law respectively, before Logan could complete the firearms purchase. Both forms ask the purchaser to indicate whether he or she is subject to a protective order or restraining order. Both forms also ask whether the purchaser has been convicted of a felony. Logan completed both forms in the presence of the store clerk and indicated on both that he was not subject to a protective order. On August 1, 2017, Senior Trooper M.S. Walden (“Trooper Walden”) of the Virginia State Police (“VSP”) received the forms, and the VSP refused to authorize the firearms purchase. Trooper Walden scheduled an initial ...
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